Legal Question in Family Law in Washington

jurisdiction

My husband & I married & registered in Washington State, married for 2 years. Has a daughter 14 months, born in Washington State. I'm permanent resident, he's American Citizen. Since Feb 07 till now, me and my baby still staying in my home country. He's been back to my home country for one month, saw me and baby and now back to Washington State. My question is if I go back to Washington state now and file for a divorce, does Washington court has jurisdiction over my divorce case and over my child? Or I have to go back to Washington now and wait there for 6 months later only I can file my divorce case?


Asked on 8/16/07, 12:15 am

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: jurisdiction

Basically, yes. WA will assert jurisdiction over your child when the child has been here for six months, otherwise is likely to say that the court in the country where you are right now has jurisdiction over the child.

The issue is the child. WA is a community property state, and there are advantages to divorcing here. The downside of divorcing here is that once you file, you need permission to take the child and move out of the school district where you live.

You might want to contact the Northwest Immigrant Rights Project in Seattle and discuss with an attorney there the issues you are facing. I hope this helps - Elizabeth Powell

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Answered on 8/16/07, 9:31 am


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